Committee Substitute February 18, 2025 in HJC: 

HJCcs/HRDLCcs/HB 24: House Judiciary Committee Substitute for House Rural Development, Land Grants, and Cultural Affairs Committee Substitute for House Bill 24 transfers oversight and administrative duties for the Community Governance Attorney and Conditional Tuition Waiver Program from the Higher Education Department to University of New Mexico (UNM) School of Law. This includes responsibilities for publicizing the program and managing contracts for legal services. The bill expands the hiring eligibility for community governance attorneys beyond state agencies to also include counties and municipalities with at least one designated colonia. Additionally, it modifies the composition of the Community Governance Attorney Commission, ensuring that its five members include the secretary of HED or designee, the Dean of UNM School of Law or designee, a current or past member of an acequia commission, a current or past member of the Land Grant Council, and a current or past member of the Colonias Infrastructure Board who is a resident of a colonia.

HJCcs/HRDLCcs/HB 24 revises the salary cap for loan forgiveness eligibility, aligning it with the entry-level salary rate paid by federally funded legal service providers rather than a fixed amount. The bill further clarifies contracting requirements by allowing contracts to be executed with UNM, state agencies, counties and municipalities with at least one designated colonia, and nonprofit organizations providing legal services to low-income New Mexicans. The requirement that contracts must be executed only with service providers that have secured matching funding for a full-time position is reinstated, ensuring financial sustainability in program implementation.

HJCcs/HRDLCcs/HB 24 takes effect on July 1, 2025.

Implications

The bill has administrative, financial, and structural implications for legal services supporting acequias, land grants, and colonias. By transferring program oversight from HED to UNM, it centralizes administrative responsibilities within an academic institution that may have greater expertise in legal education and practice. The expansion of hiring eligibility to counties and municipalities with designated colonias ensures that more local governments have access to community governance attorneys, which could enhance legal representation for underserved communities.

Restoring the five-member commission structure ensures broader representation, including stakeholders directly involved in acequias, land grants, and colonias. The adjustment to salary caps aligns financial eligibility with existing federally funded legal service providers, which may increase participation in the program. Additionally, reinstating the matching funding requirement for contracts strengthens financial accountability by ensuring that contracted organizations can sustain full-time attorney positions.

Committee Substitute January 29, 2025 in HRDLC: 

HRDLCcs/HB 24: The House Rural Development, Land Grants and Cultural Affairs Committee Substitute for HB 24 makes multiple changes to the Community Governance Attorney Act, shifting key administrative duties from the Higher Education Department to the University of New Mexico School of Law (UNM Law School). The university is now responsible for publicizing the program to law students and prospective law students, while the department retains authority over the program’s administration and repayment enforcement.
The bill allows counties and municipalities with at least one designated colonia within their boundaries to hire community governance attorneys, expanding the scope of eligible employers beyond state agencies. The salary limitations for attorneys employed under this program have been modified. Instead of the previous fixed maximum salary of $50,000, the salary limit is now tied to the entry-level salary rate paid by legal service providers that receive federal funding.

The selection process for program participants remains under the authority of the Community Governance Attorney Commission, which consists of three members appointed by the governor: one from an acequia, one from the land grant council, and one from the colonias infrastructure board. The university, with the commission’s approval, is now explicitly authorized to enter into contracts with counties, municipalities, state agencies, and nonprofit organizations that provide legal services to low-income residents. Contracts for community governance attorney services remain limited to funding one-half of a full-time position, and service providers must secure matching funding to establish a full-time position.

The bill retains the provision that forgives 50% of a tuition waiver for each year of employment as a community governance attorney. However, it modifies the contractual conditions by linking maximum salary adjustments to entry-level attorney rates at federally funded legal service providers rather than allowing the commission to determine salary adjustments.

Implications
HRDLCcs/HB 24 broadens the hiring eligibility for community governance attorneys by allowing counties and municipalities with at least one designated colonia within their boundaries to participate, which could expand access to legal representation for underserved communities. By shifting program administration to the UNM Law School, the bill streamlines the process and potentially improves engagement with law students.
The revised salary cap structure ties compensation to industry rates rather than a fixed amount, ensuring competitive salaries while maintaining cost control. However, removing the commission’s authority to adjust salaries may limit flexibility in addressing regional salary differences. The requirement for service providers to secure matching funding for full-time positions could incentivize partnerships but may also create financial barriers for organizations with limited resources.

The changes to contract eligibility, allowing counties and municipalities to enter into agreements for legal services, may enhance community governance support. However, it also introduces a potential administrative burden for local governments seeking to participate.